Title 37, Water and Irrigation
0 chapters · 1,105 sections in this title.
Colo. Rev. Stat. § 37-21-103 Meetings public - quorum
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Meetings of the board of directors shall be public, and two directors shall constitute a quorum for the transaction of business. On all questions requiring a vote there shall be a concurrence of at least two directors. The record of the board shall be open to the inspection of th…
Colo. Rev. Stat. § 37-21-104 President - secretary - district treasurer - seal
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The board of directors shall elect a president from the members of the board and shall appoint a secretary and a district treasurer and adopt a drainage district seal. Source: L. 11: p. 316, � 21. C.L. � 2128. CSA: C. 57, � 22. CRS 53: � 47-2-1. C.R.S. 1963: � 47-2-1. L. 2023: En…
Colo. Rev. Stat. § 37-21-105 Directors - election
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The regular election of directors of drainage districts shall be held on the first Tuesday after the first Monday in January of each alternate year, at which three directors shall be elected. The three persons receiving the highest number of votes shall be the directors for the n…
Colo. Rev. Stat. § 37-21-106 Directors to qualify
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Each director shall take an oath or affirmation in accordance with section 24-12-101 and file the director's official bond in the office of the county clerk and recorder of the county where the organization of the district was effected. Source: L. 11: p. 318, � 31. C.L. � 2138. C…
Colo. Rev. Stat. § 37-21-107 Failure of director to qualify
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In the event that a person elected as director of a drainage district fails or refuses to qualify within the time prescribed in this article, a vacancy shall exist and the board of county commissioners of the county where the office of the drainage district is located shall appoi…
Colo. Rev. Stat. § 37-21-108 Director's bond
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Each director shall execute a bond in the penal sum of two thousand dollars with sureties approved by the county judge of the county where said organization was effected and file the same in the office of the county clerk and recorder of said county. Said bond shall be in the for…
Colo. Rev. Stat. § 37-21-109 Directors - secretary - salary
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Each director shall receive as compensation for his services a sum not in excess of six hundred dollars per annum, as fixed by the board. No director shall receive any compensation as an officer, engineer, attorney, employee, or other agent of the district. Nothing contained in t…
Colo. Rev. Stat. § 37-21-110 Powers of board
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The board of directors is authorized to take conveyances or assurances in the name of the drainage district for all property acquired by it and to institute and maintain any actions, proceedings, and suits necessary or proper in order fully to carry out the provisions of articles…
Colo. Rev. Stat. § 37-21-111 Right to enter upon land in district
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The directors, agents, and employees of the drainage district have the right to enter upon any land in the district to make surveys and to locate drainage ditches and laterals. Source: L. 11: p. 317, � 26. C.L. � 2133. CSA: C. 57, � 27. CRS 53: � 47-2-6. C.R.S. 1963: � 47-2-6.
Colo. Rev. Stat. § 37-21-112 Office of district
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The office of the drainage district shall be located in the county where the organization is effected, at some fixed place to be determined by the board of directors of the drainage district. Source: L. 11: p. 318, � 33. C.L. � 2141. CSA: C. 57, � 35. CRS 53: � 47-2-14. C.R.S. 19…
Colo. Rev. Stat. § 37-21-113 Property to vest in district
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The title to property acquired under the provisions of articles 20 to 30 of this title shall vest in such drainage district in its corporate name. Said property shall be held by such district in trust for, and is hereby dedicated and set apart for, the uses and purposes set forth…
Colo. Rev. Stat. § 37-21-113.5 Sale of district property
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The board of directors of such drainage district has the power to sell and transfer by proper conveyance any real estate or personal property belonging to the district when, in the opinion of the board, such property is no longer needed by such district; except that no parcel of …
Colo. Rev. Stat. § 37-21-114 Construction of system - contracts
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(1) The board of directors may cause surveys to be made for ditches for drainage works and rights-of-way for said district; may cause drainage or irrigation ditches, work, rights-of-way, and other property necessary for said district to be laid out, constructed, purchased, and ac…
Colo. Rev. Stat. § 37-21-115 Notice of election
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Fifteen days prior to any election held subsequent to the organization of a drainage district, the secretary shall cause notices specifying the polling place of each precinct to be posted in three public places in each precinct, giving the hour and place of holding the election, …
Colo. Rev. Stat. § 37-21-116 Hours of voting
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The polls shall be opened at eight a.m. and be kept open until six p.m. of the day of election. Source: L. 11: p. 319, � 38. C.L. � 2146. CSA: C. 57, � 40. CRS 53: � 47-2-19. C.R.S. 1963: � 47-2-19.
Colo. Rev. Stat. § 37-21-117 Judges of election
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Prior to the time for posting said notices, the board of directors shall appoint three judges of election in each precinct, each of whom shall be a landowner within said precinct, and one of whom shall act as clerk of the election. Source: L. 11: p. 319, � 35. C.L. � 2143. CSA: C…
Colo. Rev. Stat. § 37-21-118 Judges - vacancies filled by voters
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If the board of directors fails to appoint judges or the appointees fail to attend at the hour designated for opening the polls on the morning of election, the voters of the precinct present at that hour may appoint one or more judges to supply the places of those absent. Source:…
Colo. Rev. Stat. § 37-21-119 Oaths - judges and clerks
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Any judge or clerk of election may administer and certify oaths required to be administered during the progress of an election. Before opening the polls, each judge and clerk shall take and subscribe an oath faithfully to perform the duties imposed upon him by law. Any qualified …
Colo. Rev. Stat. § 37-21-120 Count of ballots - returns
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After the closing of the polls, the judges of election shall forthwith proceed to count the ballots and make returns of the results of the election. It is the duty of the clerk forthwith to deliver the returns duly certified to the board of directors of the drainage district, tog…
Colo. Rev. Stat. § 37-21-121 Canvass of returns
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The board of directors shall meet at the office of the drainage district on the first Monday after an election and canvass the returns. If at the time of the meeting the returns have been received from all the precincts, the board of directors shall proceed to canvass the returns…
Colo. Rev. Stat. § 37-21-122 Tie vote determined by lot
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In the event that at any regular or special election two or more persons receive the same number of votes and one is elected thereby, the election shall be determined by lot under direction of the county judge of the county in which the office of the drainage district is kept. So…
Colo. Rev. Stat. § 37-21-123 Statement of result
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(1) As soon as the result of any election is declared, the secretary of the board of directors shall enter in the record of the board of directors and file with the county clerk and recorder of the county in which the office of said district is located a statement of the result. …
Colo. Rev. Stat. § 37-21-124 Certificate of election
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The secretary shall forthwith deliver to each person elected a certificate of election, signed by the secretary and authenticated with the seal of the drainage district. Source: L. 11: p. 320, � 43. C.L. � 2151. CSA: C. 57, � 45. CRS 53: � 47-2-24. C.R.S. 1963: � 47-2-24.
Colo. Rev. Stat. § 37-21-125 Vacancies
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In case of a vacancy in the board of directors by death, removal, or inability from any cause to properly discharge the duties of a director, the board of county commissioners of the county where the office of said district is located shall appoint a director who shall hold his o…
Colo. Rev. Stat. § 37-22-101 Treasurer of drainage district
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The treasurer of the drainage district shall be liable on the district treasurer's official bond for the safety and disbursement of the funds of the drainage district which may come into the district treasurer's hands. Source: L. 11: p. 320, � 45. C.L. � 2153. L. 23: p. 277, � 1.…
Colo. Rev. Stat. § 37-22-102 Duties of treasurer
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The treasurer shall collect, receive, and receipt for all moneys belonging to said drainage district. It is the duty of the county treasurer of each county in which any drainage district is located in whole or in part to collect and receipt for all assessments levied in the same …
Colo. Rev. Stat. § 37-22-103 Remittances to district treasurer
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The county treasurer of each county comprising a portion only of a drainage district, on the first Monday of each month, shall remit to the treasurer of the drainage district all moneys belonging to said drainage district. The board of directors is authorized to pay all legal cla…
Colo. Rev. Stat. § 37-22-104 Payment only on warrants
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The treasurer of the drainage district shall pay out of the funds of said district only upon warrants ordered by the board of directors of the drainage district, signed by its president and attested by its secretary, under the seal of the drainage district. Source: L. 11: p. 321,…
Colo. Rev. Stat. § 37-22-105 Warrants - no funds - interest
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When any warrants of a drainage district are presented to the treasurer and there are no funds in his hands to pay the same, he shall stamp the same in the same manner as ordinary county warrants are stamped, and they shall draw interest at the rate of six percent per annum from …
Colo. Rev. Stat. § 37-22-106 Claims verified - order of payment
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All claims against a drainage district shall be verified as required in the case of claims against counties, and the directors and secretary of the drainage district are authorized to administer oaths to the parties verifying said claims. The district treasurer shall keep a regis…
Colo. Rev. Stat. § 37-22-107 Registry of warrants - vouchers
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The secretary shall keep a registry of all warrants drawn by order of the board of directors showing the date, amount, name of payee, and for what purposes drawn, and no warrant shall be issued except upon an itemized voucher duly verified stating the services rendered or materia…
Colo. Rev. Stat. § 37-22-108 Treasurer's reports
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At each regular meeting of the directors of a drainage district and more often when required, the treasurer shall report in writing the amount of money on hand, the amount received since his last report, and the amounts paid out, with a list of warrants presented since the last r…
Colo. Rev. Stat. § 37-23-101 Assessments according to benefits
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(1) As soon as the plans for a drainage system have been determined and before the actual work of drainage is begun or bonds voted, the board of directors shall proceed to make special assessments for benefits by classifying the lands in the district in tracts of forty acres, mor…
Colo. Rev. Stat. § 37-23-101.5 Determination of special benefits - factors considered
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(1) The term benefit, for the purposes of assessing a particular property within a drainage system improvement district, includes, but is not limited to, the following: (a) Any increase in the market value of the property; (b) The provision for accepting the burden from specific …
Colo. Rev. Stat. § 37-23-102 Objections to classification - hearing
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The board of directors shall cause to be personally served upon all parties residing in the district and owning land to be affected by the proposed drainage system, or other property liable to be taxed, a written or printed notice of the time when, and place where, it will meet t…
Colo. Rev. Stat. § 37-23-103 Corrections - appeal - bond
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At the time of meeting for review, the board of directors shall hear whatsoever objections may be urged by any person interested, and, if satisfied that any injustice has been done in the classification of the several tracts of land or any of them, it shall correct the same in ac…
Colo. Rev. Stat. § 37-23-104 Hearing on appeal - special jury
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(1) Appeals taken to the district court may be heard at the discretion of the court; except that ten days shall intervene from the time of taking the appeal and the date set for hearing. The costs of such appeal, at the discretion of the court, may be divided between the drainage…
Colo. Rev. Stat. § 37-23-105 Effect of appeal
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The taking of any appeal by any persons shall not operate to delay the collection of any tax from which no appeal has been taken or delay the progress of the work or the issuing of any bonds. Source: L. 13: p. 257, � 2. C.L. � 2165. CSA: C. 57, � 59. CRS 53: � 47-4-5. C.R.S. 1963…
Colo. Rev. Stat. § 37-23-106 Modified classification filed
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The board of directors shall modify said classification so that it conforms to the changes made therein in the hearings before said board, and the secretary of the district shall certify and file said classification of property of the district so modified, properly tabulated or s…
Colo. Rev. Stat. § 37-23-107 Special assessments - apportionment
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(1) The board of directors, on or before July 1 in each year, shall determine the amount of money required to meet the current expenses of the coming year, including cost of construction, maintenance, operating and ordinary expenses, deficiency in the payment of expenses already …
Colo. Rev. Stat. § 37-23-108 Assessment list
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The assessment list shall be completed on or before July 15, and, on the first Tuesday of August in each year and from day to day thereafter, Sundays excepted, the board of directors shall sit to hear complaints and to correct errors in said assessment until all complaints filed …
Colo. Rev. Stat. § 37-23-109 Alternative method of assessment
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(1) As an alternative method for the assessment of the lands in the district and in lieu of the method of assessment provided by sections 37-23-101 to 37-23-108, the board of directors may adopt the following method for the assessment of the benefits derived from the system of dr…
Colo. Rev. Stat. § 37-23-110 Owner may except - hearing
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(1) Any owner of land in said drainage district may file exceptions to said report or to any assessment for benefits within ten days after the last day of publication of the notice provided for in this article. All exceptions shall be heard by the board of directors and determine…
Colo. Rev. Stat. § 37-23-111 Tax levies - how made
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(1) The tax shall be apportioned to and levied on each tract of land in said district in proportion to the benefits assessed and not in excess thereof, and, in case bonds are issued, the amount of the interest, as estimated by said board of directors, which will accrue on such bo…
Colo. Rev. Stat. § 37-23-112 Levy for alternative plan
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In case the board of directors adopts the alternative method of assessment of benefits provided by sections 37-23-109 to 37-23-111, and after a tax has been levied upon the benefits so assessed for the purpose of paying the costs of completion of the proposed plan for the drainag…
Colo. Rev. Stat. § 37-23-113 Assessments - how made
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(1) On or before September 1 in each year, the secretary shall transmit to the county assessor of each county a certified copy of so much of said assessment book as relates to land within the county of said county assessors, together with the certified copy of the order of the bo…
Colo. Rev. Stat. § 37-23-114 State tax laws to apply
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(1) The laws of this state for the collection of general taxes including the laws for the sale of property for taxes and the redemption of the same, except as modified in this section, shall apply and have full force and effect for the purposes of articles 20 to 30 of this title …
Colo. Rev. Stat. § 37-23-115 Sale of property taxed - repeal. (Repealed)
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Source: L. 29: p. 535 � 1. CSA: C. 57, � 67. CRS 53: � 47-4-15. C.R.S. 1963: � 47-4-15. L. 2024: Entire section amended, (HB 24-1056), ch. 165, p. 804, � 8, effective July 1. Editor's note: (1) For the amendments in HB 24-1056 in effect from July 1, 2024, to July 1, 2024, see cha…
Colo. Rev. Stat. § 37-23-116 President to execute deed - repeal. (Repealed)
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Source: L. 29: p. 535, � 2. CSA: C. 57, � 68. CRS 53: � 47-4-16. C.R.S. 1963: � 47-4-16. L. 2024: Entire section amended, (HB 24-1056), ch. 165, p. 804, � 9, effective July 1. Editor's note: (1) For the amendments in HB 24-1056 in effect from July 1, 2024, to July 1, 2024, see ch…
Colo. Rev. Stat. § 37-23-117 Proceeds of sale - repeal. (Repealed)
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Source: L. 29: p. 536, � 3. CSA: C. 57, � 69. CRS 53: � 47-4-17. C.R.S. 1963: � 47-4-17. L. 2024: Entire section amended, (HB 24-1056), ch. 165, p. 804, � 10, effective July 1. Editor's note: (1) For the amendments in HB 24-1056 in effect from July 1, 2024, to July 1, 2024, see c…